Asbestos Defense Litigation
Asbestos cases need to be thoroughly examined. This involves identifying asbestos-containing products and locating potential defendants. This can include collecting information from relatives, coworkers members, abatement workers, and studying documents.
Cetrulo LLP has served as regional and national Defense Liaison Counsel in asbestos litigation dockets. We manage these dockets and coordinate with local attorneys in order to create an efficient, cost-effective defense strategies.
Asbestos Product Identification
Asbestos is present in a variety of building materials, including cement products, paints and floor tiles. It is also present in artex, adhesives, doors insulation, adhesives, and doors. It is difficult to tell if a material contains or does not contain asbestos simply by looking at it. The best method to detect asbestos' presence is to have a certified environmental surveyor conduct an inspection.
When asbestos fibres are airborne, they are very small and light - meaning they can travel for long distances even through closed windows or doors. When they reach the lungs, they could cause serious health issues. Asbestos is most dangerous when it is damaged, releasing deadly fibers into the air. It is vital to not remove or disturb construction materials unless they've been properly labeled and supported by an inspection.
Due to the long time between asbestos exposure and disease it can be very difficult to obtain meaningful evidence in an asbestos lawsuit. In addition there are a number of issues related to the admissibility of experts from plaintiffs and testimony on the causal connection between asbestos exposure and the onset of disease.
In these cases asbestos defense lawyers often argue for summary judgement based on an absence of factual basis. For instance, imagine that plaintiff Paul was involved in a multi-vehicle crash in New York City. He doesn't know the date, time, cars involved or any other details that could support a conclusion that defendant David was responsible for his injuries.
A New York mesothelioma attorney with expertise in this field is recommended. They will analyze the details of the case and any expert reports and other documentation to determine whether or not the summary judgment is a suitable remedy. New York mesothelioma law firms such as Weitz & Luxenberg, Cooney & Conway and Simmons Hanly Conroy can help their clients through this procedure. Asbestos law firms across the country can assist their clients submit their claims to the best jurisdiction. This could be the State of New York or a federal court located in New York City.
Asbestos Disease Identification
Although asbestos is no longer mined or processed in the United States, it still is present in products and buildings that were produced prior to 1989. When these products deteriorate, they release tiny fibers into air that are inhaled by those who are nearby. These fibers can cause several kinds of lung diseases.
The lung diseases caused by asbestos exposure include mesothelioma and asbestosis and pleural disease. Inhaling asbestos fibers can trigger a number of symptoms, including chest pain, fatigue and shortness of breathe. These symptoms might not manifest until years after exposure to asbestos.
All forms of asbestos, including chrysotile can cause cancer in humans. Asbestos exposure can lead to cancers of the larynx, lungs, and ovaries. It can also cause mesothelioma, a type of cancer that develops in the linings of body cavities, such as those in the stomach, heart and testes. Mesothelioma can be difficult to diagnose, since it has a lengthy latent period and many similar symptoms with other diseases, like rheumatoid arthritis and sarcoidosis.
People most likely to suffer from asbestos-related diseases are those who worked directly with asbestos or experienced significant environmental exposure. This includes boilermakers, construction workers, and shipyard workers. Additionally, there are railroad and U.S. Navy vets and those who worked to clean up after the terrorist attacks on September 11, 2001. Some of the symptoms of the people who suffer from these conditions include breathing difficulties, chest pain and coughing.
A doctor can tell if a patient has an asbestos-related illness by looking over the patient's medical history, work and family histories. X-rays, CT scans and other tests can help doctors confirm the diagnosis of asbestos. Patients who are diagnosed with asbestosis should have a yearly lung function test to check the condition. This test can detect asbestosis's progress and reveal other health problems that may be connected to the condition. Patients with asbestosis should also receive regular vaccines to prevent other respiratory diseases like psoriasis. The EPA offers a TSCA Hotline and an asbestos Ombudsman that can provide additional information and support.
Asbestos Database Development
Asbestos is composed of fibrous minerals. It was extensively employed in industry and construction due to its strength, fire retardant and corrosion resistance properties. Inhaling asbestos particles can cause a variety medical problems that include mesothelioma which is lung cancer, other organs, and neurological disorders. These illnesses can be seen for 30 years or longer.
In many asbestos cases there are multiple defendants and complex discovery. This is often complicated when the asbestos materials involved in a case can't be identified. The ability to identify each product in an asbestos case requires the help of forensic experts and the use of a wide variety of investigative tools and methods like interviews with former co-workers and other witnesses and subpoenaing work orders, invoices, and delivery papers from employers, and collecting samples from both workplaces and homes. The type of asbestos- amosite, chrysotile, or crocidolite -- must be identified as well.
We have extensive experience in protecting companies in the asbestos industry. This includes product manufacturers distributors, suppliers and manufacturers as well as contractors. Our team has acted as National Coordinating Counsel, Trial Counsel, and Defense Counsel for many clients in asbestos litigation. We have represented clients across the United States. We also serve as Defense liaison counsel for several asbestos dockets in these states, which we manage local and regional attorneys to ensure consistency and effective defense strategies and results.
Our national approach to managing asbestos defense has proven to be effective. In numerous instances it has reduced legal costs by millions of dollars compared to the amount companies pay to other firms. Courts across the nation have recognized this unique and aggressive approach to handling asbestos cases.
We are also experienced in the defense of massive toxic tort suits brought against the manufacturers of pharmaceuticals and industrial chemicals and Petrochemicals. These lawsuits are based upon assertions that exposure to these chemicals has led to illnesses such as occupational asthma and restrictive and obstructive pulmonary disorders, and a variety of neurological disorders.
Medical Expert Witnesses
Expert medical witnesses are essential in asbestos cases, mostly because many of the symptoms of exposure to asbestos are easily confused with other ailments such as emphysema or other forms of lung cancer. It is crucial that attorneys have access to these experts who can help distinguish the various types of diseases and demonstrate how each illness is the result of different exposures.
Often, the best evidence for this is the asbestos victim's medical records. X-rays are available and can be accessed through CT scans and biopsies. However, in order to make the most of this information, it is necessary to have medical experts who are able to analyze the information and make a decision on the probabilities, causation, and other issues.
Palmdale asbestos lawsuits youtube.com who are called to testify in asbestos cases have a good reputation and have been involved in dozens perhaps hundreds, of cases. This reputation increases their credibility in the eyes of jurors. These doctors have a lot of experience when it comes to preparing to testify, and therefore they know the best way to respond to questions from defendants and how to present the evidence to the court.
It is crucial that both medical and scientific experts to testify about the various causes of asbestos-related diseases. It is not enough to prove that the victim has mesothelioma. It must be proven that the asbestos defendant exposed her to the carcinogen, and why smoking increases the risk of mesothelioma.
Expert witness fees can constitute a substantial portion of costs that are associated with asbestos cases. It is therefore important that a defense attorney be capable of quickly identifying and choose the best expert witness for a particular case.
We represent material manufacturers, suppliers of products distributors, and property owners in asbestos cases in state and federal courts across the country. Our team of knowledgeable and dedicated attorneys is well-versed in asbestos litigation, offensively and defensively. Contact us today to learn how our firm can assist you.
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